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SCOTUStalk is a nonpartisan podcast about the Supreme Court for lawyers and non-lawyers alike, brought to you by SCOTUSblog. SCOTUStalk is hosted by Amy Howe and produced and edited by Ellena Erskine. Hosted on Acast. See acast.com/privacy for more information.
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Since 2017, the Supreme Court has significantly increased its use of the process by which the justices hear and resolves emergency appeals, sometimes known as the shadow docket. These decisions are made without oral argument and often come in short unsigned orders. Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University o…
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In the first week of the February session, the justices heard oral arguments in two cases about the scoop of liability tech companies may face for user content. Amy is joined by Megan Iorio of the Electronic Privacy Information Center to break down those arguments in Gonzalez v. Google and Twitter v. Taamneh. EPIC filed an amicus brief in Gonzalez …
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In another edition of our series of interviews with Supreme Court advocates, Amy sits down with Daniel Geyser, head of the Supreme Court practice at Haynes Boone. Geyser has argued 15 cases before the court, including two this term. He shares his thoughts on how to take advantage of the new argument structure and his advice for first time advocates…
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In an essay published in The New York Times this fall, two law professors, Lisa Tucker and Stefanie Lindquist, argued that the Supreme Court is increasingly setting aside significant decisions from the lower courts as if they never happened. The court is invalidating these decisions in brief procedural orders under what’s known as “Munsingwear vaca…
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After more than three decades covering the Supreme Court, Marcia Coyle has announced her retirement from the National Law Journal. Amy sits down with Coyle to discuss her career, her book, and how covering the court has changed over the years. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906.…
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The end of the calendar year means we’re about a third of the way through the SCOTUS year. Amy sits down with SCOTUSblog editor James Romoser to discuss the first three months of the 2022 term. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re c…
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UCLA election law professor Richard Hasen joins Amy to explain Moore v. Harper, the case in which North Carolina legislators ask the justices to consider a theory that would give state legislatures near complete power to regulate federal elections without interference from state courts. Hasen breaks down the theory, known as the independent state l…
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On Dec. 5 the justices will hear oral argument in 303 Creative v. Elenis, a clash between free speech rights and LGBTQ rights. Bloomberg News Supreme Court reporter Greg Stohr joins Amy to explain the case and what to expect at oral argument. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. …
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On Friday, June 24, the court ruled in Dobbs v. Jackson Women’s Health Organization that the Constitution does not confer a right to abortion. Amy talks with abortion law scholar Mary Ziegler, professor of law at University of California, Davis, about the decision and what it means for those seeking abortion care across the country. Send us a quest…
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Michael Dreeben, who has argued 107 cases at the Supreme Court, joins us for another episode in our SCOTUS Spotlight series. Dreeben looks back on notable moments from his career as an advocate, including his very first argument -- in which he faced off against another first-timer by the name of John Roberts. Send us a question about the court at s…
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On Oct. 31, the Supreme Court will hear oral arguments in two cases challenging the race-conscious admissions programs of Harvard College and the University of North Carolina. Amy talks to lawyers on both sides of the dispute. David Hinojosa is the director of the Educational Opportunities Project at the Lawyers’ Committee for Civil Rights Under La…
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The Supreme Court is back. After a packed first week of the 2022-23 term, Amy sits down with SCOTUSblog’s James Romoser and Katie Barlow to discuss the oral arguments, new dynamics on the bench, and a significant grant from the long conference. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906…
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Another Supreme Court term will begin on Monday, October 3, with major cases on affirmative action, voting rights, and free speech. To talk through the cases already scheduled this year, Amy is joined by experienced Supreme Court attorneys Morgan Ratner, special counsel at Sullivan & Cromwell, and Jaime Santos, partner at Goodwin Procter. Send us a…
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Justice Ketanji Brown Jackson will take the bench next month as the court’s newest member. Amy is joined by Marin Levy, a professor at Duke Law School, to talk about what it’s like to join the court. Levy runs a popular Twitter account where she chronicles the history of the federal judiciary. You can find her at @marinklevy. Send us a question abo…
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With the Supreme Court on summer recess, we are bringing back SCOTUS Spotlight, our series of interviews with lawyers who argue regularly before the court. Amy sits down with Roman Martinez, a partner at Latham & Watkins who has argued 11 cases at the court, both on behalf of the government and in private practice. Send us a question about the cour…
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Art Lien, best known for his watercolor sketches of the Supreme Court (and for his colorful banners on SCOTUSblog), retired with the close of the 2021-22 term. Amy sits down with Art to discuss his life and retirement, and to get a glimpse of what it was like to capture history where cameras cannot go. Send us a question about the court at scotusta…
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In the last opinion of the term, the Supreme Court ruled 6-3 in favor of a group of Republican-led states and coal companies to limit the Environmental Protection Agency’s ability to regulate carbon emissions system-wide. Amy sits down with investigative journalist and host of Drilled, Amy Westervelt, to discuss that case, West Virginia v. EPA, and…
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During the week of June 13, the Supreme Court decided two immigration cases (involving bond hearings for noncitizens in immigration detention) and declined to decide a third (involving the Trump-era “public charge” policy for green card applicants). Shalini Bhargava Ray, who teaches immigration law and administrative law at the University of Alabam…
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In Planned Parenthood v. Casey’s dramatic joint opinion, the Supreme Court upheld the right to access an abortion 30 years ago this month. Amy talks with Kathryn Kolbert, who argued the case for Planned Parenthood. Kolbert explains what the 1992 argument was like from the inside and how she views Dobbs v. Jackson Women’s Health Organization. An att…
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Over the next six weeks the Supreme Court is poised to issue 35 opinions, on topics ranging from gun rights to religion and the EPA’s power to regulate greenhouse gases. Amy is joined by Steven Mazie of The Economist and SCOTUSblog’s James Romoser for a refresher on what’s at stake in those cases. Send us a question about the court at scotustalk@sc…
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Amy sits down with SCOTUSblog’s media editor, Katie Barlow, to discuss the leaked draft in Dobbs v. Jackson Women’s Health Organization and the repercussions such an opinion would have on reproductive rights. Plus Amy explains the court’s request for additional briefing in Biden v. Texas, answers listener questions, and gives a look ahead at the co…
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On Monday, April 25, the court hears oral argument in Kennedy v. Bremerton School District, a case concerning a public school coach’s right to pray on the football field. In a two-part episode, Amy talks with Rachel Laser and Kelly Shackelford, representatives from the legal teams on each side. Rachel Laser, President of Americans United for Separa…
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Amy talks to Professor Nicole Stelle Garnett and supervising attorney John Meiser of the Religious Liberty Clinic at Notre Dame Law School about the amicus brief the clinic filed in Kennedy v. Bremerton School District. The brief calls on the court to address and throw out the “endorsement test." That test has been used to determine whether public …
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Amy sits down with SCOTUSblog’s James Romoser and Katie Barlow to discuss all four days of Judge Ketanji Brown Jackson’s Senate Judiciary Committee hearings. Later in the episode: Justice Clarence Thomas in the hospital, Ginni Thomas’ texts, and major orders and opinions from the court. If you have a question about the hearings or upcoming cases at…
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